Cross v. Diamantis

COBB, Judge.

The petitioner Cross seeks to prohibit the trial court from conducting a sentencing hearing scheduled pursuant to a notice to the trial court from the Department of Health and Rehabilitative Services (HRS) that the Department “has exhausted all appropriate treatment” for Cross, previously committed to it in 1975 as a mentally disordered sex offender. See Cross v. State, 378 So.2d 114 (Fla. 5th DCA 1980). The crux of the petition is that Cross is entitled to further treatment by HRS and that the staff decision to discontinue treatment was the result of threats and intimidation by…